TO: Department and Agency Personnel and Affirmative Action Offices

FROM: Nicholas J. Vagianelis, Director of Commission Operations

SUBJECT: Requests to Employ Retired Public Employees Pursuant to Section 211 of the New York State Retirement and Social Security Law

Section 150 of the Civil Service Law requires that the pension of retirees be suspended upon the retiree's reemployment in the civil service of the state, municipality or political subdivision.

Sections 211 and 212 of Article 7 of the Retirement and Social Security Law provide statutory authority for the reemployment in the public service of retired public employees without suspension or diminution of retirement allowance under certain circumstances.

Section 212 provides for a retiree to earn up to the maximum entitled under the New York State Retirement Law without diminution of retirement allowance. The current limitation, effective 1994, is $11,200 in any calendar year. Section 211 provides for a retiree to earn more than the maximum under Section 212 without loss or diminution of pension.

All requests to employ retirees pursuant to Section 211 must be approved by the Civil Service Commission.

Form ADM-10.4 has been used to process a Section 211 request through the Civil Service Commission. We are issuing Form CSC-1 (4/95) to replace ADM-10.4 which was last issued in January 1989. Enclosed is a copy of the new form which is available from the Department of Civil Service Mail and Supply Room at (518) 457-4495. Please destroy old ADM 10.4 forms.

If you choose to submit photocopies of the face page of CSC-1, it is important that you retain copies of the Instructions on the reverse page for reference.

Sections A, C, and D of form CSC-1 are essentially the same as on Form ADM-10.4. There are several revisions in other areas.

In Section B you are asked enter the employee's Retirement System mailing address and the number of years the retiree has been employed pursuant to Section 211. We have omitted the question on yearly salary at retirement and relocated the question on whether the retiree has worked under Section 211 or Section 212 in the calendar year.

The Certification now requires that the Appointing Authority or Designee PRINT Name, Title and Phone No. in addition to signing the affirmation.

Section E is to be completed by the Requesting Agency. We have omitted questions on whether the requesting agency is the former employer of the retiree, any earnings limitations and calculations. Any questions on pension benefits should be directed to the retiree's Retirement System. There are new questions asking if the retiree's salary exceeds the 212 limit, the year in which the retiree attains age 70, and if the retiree is receiving disability benefits.

DISABILITY RETIREES ARE NOT ELIGIBLE FOR EMPLOYMENT UNDER SECTION 211. PLEASE VERIFY THAT THE RETIREE RECEIVED A SERVICE RETIREMENT, NOT A DISABILITY RETIREMENT.

NOTE: Questions concerning whether or not an individual can be employed in Public Service in a calendar year pursuant to both Sections 211 and 212 should be directed to the employee's retirement system(s).

Instructions for preparation and submission are on the back of CSC-1. Any questions should be directed to your Staffing Services Representative.

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